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I've seen a photo on The Chive that I would like to use for an album cover. However, as The Chive only collects photos and doesn't actually own them, I have no real idea what the source of the photo is. A google for it hasn't helped locate the person who originally uploaded it/owns it.

It seems to be a 'professional' image as opposed to something someone's taken on their phone.

It will only be used for a small scale, tape-only release, so it's not like the cover of the new Kings of Leon album or anything, but i'd want to get permission/give credit (and payment) where it's due.

Just because an image is on the internet, it doesn’t mean the image is free to use. Copyright is automatically granted to the creator of any image. The copyright holder must specifically declare the image as free to use.

Infringement of copyright may result in monetary damages, lawsuits, costly legal fees and under some rare circumstances, criminal charges.

(ie it's an orphan image, as they say) you can't ask permission. And anyway, like alcxck says, the worst that can happen is they ask you to stop using it or for a slice of the profits which for a small scale tape release, as convinced of your business acumen as I am, won't be much

The copyright holder can claim for the amount they think it is worth to them. Getty Images are notorious for requesting $1,000 or more if they find out you use one of their images unauthorised (although they tend to settle for less once laywers get involved).

but it's trying to cover their asses so people don't sue them but if it ever did go to court (say they used a photo for an advert) then the judge would likely side with established copyright law (that it's with the photographer) and not instagram just cos they clicked the Agree to the T & Cs box.

Don't be stupid...the last thing you want is to have overzealous lawyers breathing down yer neck. If you really must use the image, find out where it's from. Shouldn't be hard - just grab the URL and go to Google Image Search, click the camera icon jobby at the right end of the text input field, so that you get "search by image", then paste the image URL in the resulting text field. A little exploring beyond that should find the original source for the image and then you can ask permission.

Alternately, you could always try to get in touch with the chive and simply ask them to help you out. But don't just use it and put yourself at risk like that.

because that's an image, ironic or not, that only The Frogs could get away with. Of course, you're not the Frogs.

I run a small-scale press. We meticulously go through every image to be sure it's public domain, we paid for it, or have permission. Even when it's only a few thousand copies that'll never get back to the artist... it might. And then it's $10K down the tubes, a recall and a bunch of apology letters. When the artist probably would have be thrilled to let you have it for free.

If you get caught in this position, explain how much you loved his work, are willing to make reasonable compensation (read: artists are usually looking for fair compensation: if you're Vanity Fair, then they gotta get paid; if you're tiny nobody, then $25 ought to do the trick. I usually offer photographers free copies of the book once it comes out. Amateur photographers are usually really happy with that, and why not? They now published photographers!)

But you're making a few hundred self-published CDs or whatnot. Just use the pic. It's like how I made a "fan" video for a friend's band using old camp 70's film footage. An idea I stole from Best Coast. And it worked to the extent that it got a minor plug on Reddit and so forth and probably got over 20K views. Not bad for a band that has never played a live gig.

Nobody's read this far, right? I have more on the subject, but now I'm over it. G'night gang.

it says how Phil found the cover picture on a page that had come out of a book lying on the floor in a bookshop he used to work in and had no idea how to track down/credit the artist apart from saying he reckons they were Dutch or something like that. Just put a little note saying you're sorry you couldn't find the person - no one in their right mind would care - and no one's going to notice anyway as has been mentioned.